South Carolina General Assembly
119th Session, 2011-2012
Journal of the House of Representatives

Tuesday, March 20, 2012
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Proverbs 8:32-33: "And now, my children, listen to me: happy are those who keep my way, hear instruction and be wise and do not neglect it."
Let us pray. We are grateful You have led these Representatives through the trials of last week and, with Your guidance, have produced good fruit for the people of South Carolina. Continue Your blessings upon these, Your servants, as they strive to do the work required of them. Uphold our Nation, President, State, Governor, Speaker, staff, and all who support them in their duties. Protect our defenders of freedom, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. DANING moved that when the House adjourns, it adjourn in memory of Col. Curtice E. Holland, Jr., (Retired) of Charleston, which was agreed to.

REPORT RECEIVED

The following was received:

COMMITTEE TO SCREEN CANDIDATESFOR BOARDS OF TRUSTEESOF STATE COLLEGES AND UNIVERSITIES

* * * * *
Thursday, February 2, 2012
1:25 p.m. - 3:40 p.m.

The meeting was conducted on Thursday, February 2, 2012, at the Gressette Building, Room 307, Columbia, South Carolina, before Lisa Garson, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

Senator Jake Knotts, Chairman

Representative Joan Brady, Vice Chairman

Senator Thomas C. Alexander

Senator Harvey S. Peeler, Jr.

Senator J. Yancey McGill

Representative George M. Hearn

Representative David J. Mack III

Representative William R. Whitmire

Also Present: Julia Norwood

CANDIDATES:

The Citadel

Two Seats, at-large

Col. Allison Dean Love

Mr. Peter M. McCoy, Sr.

Mr. Lamont Andre' Melvin

Mr. Jeffrey C. Stevenson

Clemson University

Three Seats, at-large

Dr. Ronald Lee

Dr. Louis B. Lynn

Mr. Robert L. Peeler

Admiral William L. Schachte, Jr.

University of South Carolina

Eight Judicial Circuits

2nd Circuit

Aiken, Bamberg, Barnwell

Mr. Miles Loadholt

4th Circuit

Chesterfield, Darlington, Marlboro, Dillon

Mr. Eugene P. Warr, Jr.

6th Circuit

Chester, Lancaster, Fairfield

Mr. Hubert F. Mobley

8th Circuit

Abbeville, Greenwood, Laurens, Newberry

Mr. A.C. "Bubba" Fennel III

10th Circuit

Anderson and Oconee

Mr. Chuck Allen

14th Circuit

Allendale, Hampton, Colleton, Jasper, Beaufort

Mr. William W. Jones, Jr.

15th Circuit

Georgetown and Horry

Mr. J. Egerton Burroughs

16th Circuit

Union and York

Ms. Leah Bess Moody

Wil Lou Gray Opportunity School

Mrs. Doris Adams

Mr. Bryan England

Mrs. Mary Frances "Frankie" Newman

February 2, 2012, 1:25 p.m.

CHAIRMAN KNOTTS: At this time I'd like to call the Screening Committee to order, and thank you for coming, and thank you for your participation. We're going to try and get this done as quickly as possible with all the questions that need to be answered by the members of the Committee. At this time, I'll start on my right and go to my left and let each member introduce themselves.
REPRESENTATIVE HEARN: I'm George Hearn, I represent House District 105, Horry County.
SENATOR PEELER: I am Senator Harvey Peeler, District 14, Cherokee, Spartanburg, Union and York County.
REPRESENTATIVE MACK: David Mack III, House District number 9, Charleston County.
SENATOR ALEXANDER: Thomas Alexander, District 1, State Senator, Oconee and the greater Clemson area, Pickens County.
SENATOR McGILL: Yancey McGill, Horry, Georgetown, Florence, Williamsburg -- sometimes it feels like the whole State of South Carolina.
CHAIRMAN KNOTTS: Thank you for being here. To my right is Julia Norwood she is the -- what is your new title, Julia?
MS. NORWOOD: I'm your right hand. I'm Research Director for this Committee.
CHAIRMAN KNOTTS: And she's done a tremendous job in trying to get this done. And I want to say the Joint Legislative Committee to Screen Candidates for State Colleges and Universities of Boards and Trustees is called pursuant to Chapter 20, Title II, of the South Carolina Code of Laws, requiring the review of candidates for non-judicial office.

The function of the Committee is not to choose between candidates, but to declare whether or not the candidates who offer seats on the Board of Trustees are qualified to fill the positions that they seek. The inquiry we undertake is a thorough one, and it is centered around evaluated criteria and involves a complete personal and professional background check on each candidate.

The Joint Legislative Committee has received SLED and ten-year driver's license check, as well as, a complete credit history on all candidates to be screened today. After a thorough review by the Chairman and my staff, we have attempted to correct any major, or possible, infractions or concerns that have been addressed.

Today we will screen candidates for the following boards:

The Citadel, two seats, at-large;

Clemson University, three seats, at-large;

University of South Carolina, Eight Judicial Circuits, uncontested;

Wil Lou Gray Opportunity School, three seats, at-large uncontested.

Swearing in of all candidates to be screened -- if you would, at this time, all the candidates please stand up and raise your right hand.

Do you solemnly swear that the testimony you are about to give this Committee is the truth, the whole truth and nothing but the truth so help you God? (Candidates respond)
CHAIRMAN KNOTTS: Thank you, you may have a seat. Do I have any motions to amend the agenda today to hear the Wil Lou Gray Opportunity School first?
SENATOR McGILL: I so move.
CHAIRMAN KNOTTS: I have a motion to hear the Wil Lou Gray Opportunity School first; we have three vacancies. All three are incumbents and there are three seats at-large. First of all, if you would, Mrs. Doris Adams, if you would come forward.

Please have a seat, Mrs. Adams. For the record, please state your full name and the position you're seeking, and what school.
MRS. DORIS ADAMS: My name is Doris M. Adams, and I'm seeking a position as a trustee on the Board of Trustees of the Wil Lou Gray Opportunity School.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally that would present a conflict of interest because of your service on the board?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: If your seat is determined by Congressional District or Judicial Circuit, do you reside at the address on your driver's license, your voter registration, and property tax residency statement on a full-time basis?
MRS. DORIS ADAMS: Yes.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MRS. DORIS ADAMS: Yes.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
MRS. DORIS ADAMS: Well, first of all, I'd like to say that I've already served on the board for four years, and that has been wonderful. And it has really helped me a whole lot, and I think it will even make me better the next four years. And also, I'd like to say, the last time we were last, so thank you for making us first this time.
CHAIRMAN KNOTTS: You've made progress.
MRS. DORIS ADAMS: Of course, I'm an educator and I'm still working. I'm on a foundation also, and we provide scholarships for students, and students just have been the love of my life for a long time. I enjoy teaching, and I enjoy working with students, and I enjoy seeing them being successful whenever they encounter problems.
CHAIRMAN KNOTTS: Are there any areas that you think you would need to prepare yourself in order to serve as a board member at this time? Any other areas that you feel would help you be a better board member?
MRS. DORIS ADAMS: No, I can't think of any other areas.
CHAIRMAN KNOTTS: What do you think the requirements for a board member on the Wil Lou Gray Opportunity School is, and do you fit those requirements?
MRS. DORIS ADAMS: First of all, you have to be interested in the well-being of our young people, and I'm certainly interested in that, especially when they encounter difficulties, and they have to make changes and they have to make choices. And this is an area that will help me to help young people be successful.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non judicial screening in election that is in Section 2-20-10 through 2-20-70?
MRS. DORIS ADAMS: I received that.
CHAIRMAN KNOTTS: You received that today?
MRS. DORIS ADAMS: Yes.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MRS. DORIS ADAMS: Yes.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MRS. DORIS ADAMS: Yes.
CHAIRMAN KNOTTS: At this time, I'd like for you to briefly tell us why you want to continue serving on the Wil Lou Gray School?
MRS. DORIS ADAMS: All right. I'm going to go ahead and read my statement why I wish to serve on the Wil Lou Gray Opportunity School Board. First of all, I would like to acknowledge the current trustees of the Wil Lou Gray Opportunity School Board for their dedicated service in helping to provide the opportunity for students to overcome their stumbling blocks, thus, moving on to become productive, contributing citizens. As an educator, it is always rewarding to see students advance in their pursuits and making sound, valid decisions in their career choices. It is an inspiration to me to help the students along the road to success. I have worked closely with students, parents, teachers, and business associates in assisting many students on the road to become responsible citizens. Presently, I work with students at the Fort Jackson School System; assist middle and high school students in preparing for the SAT and ACT tests; and serve as an active member of the Tutorial Ministry of my church, and also work on the Richland Northeast Foundation. I'm seeking re-election to the Wil Lou Gray Opportunity School Board because I firmly believe that every child and/or student deserves the opportunity to become a responsible productive citizen to society.
CHAIRMAN KNOTTS: Members of the committee --
SENATOR PEELER: Mr. Chairman, I've heard enough. We're very fortunate to have a lady like this serve, and I move for a favorable report.
SENATOR ALEXANDER: One clarification, Mr. Chairman.
CHAIRMAN KNOTTS: Yes, sir.
SENATOR ALEXANDER: You don't have any other elected office?
MRS. DORIS ADAMS: No.
CHAIRMAN KNOTTS: I'd like to say from the Committee's point of view, we have absolutely no infractions, or problems with her credit, driving record, or liens, or anything like that; and I have all the information if any one of you would like to see it. Are there any other questions from the Committee? Do I have a motion for favorable report?
SENATOR PEELER: Favorable Report.
CHAIRMAN KNOTTS: Second?
SENATOR McGILL: Second.
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Okay. Thank you, Ms. Adams for your service. What's the next one; Mr. England? Will you state your name for the record, please?
MR. ENGLAND: Bryan B. England, Junior.
CHAIRMAN KNOTTS: Do you have any interest in the position you are seeking?
MR. ENGLAND: Yes, sir, I want to serve on the Board. Do I have any conflict of interest? I do not.
CHAIRMAN KNOTTS: What Board do you want to serve on?
MR. ENGLAND: I want to serve on the Wil Lou Gray Opportunity School Board.
CHAIRMAN KNOTTS: I just want to make sure that when you apply for a Board that you know which Board you are, not that you just want to serve on a Board. Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. ENGLAND: No, I do not.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. ENGLAND: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by Congressional District or Judicial Circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. ENGLAND: I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48-hours after the release of the Committee's report?
MR. ENGLAND: I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective Board member.
MR. ENGLAND: I've been a public school teacher, I've worked in a children's home; I've worked for the State Technical Educational System for 32 years; my father was a probation officer. I've been around young people at Terrell Hall For Boys. I've been around young people all my life, trying to encourage them, that's what I've spent my life doing.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a Board member and how would you handle the additional preparation?
MR. ENGLAND: No, I do not.
CHAIRMAN KNOTTS: What do you think the requirements for a board member are?
MR. ENGLAND: I think you have to have a passion for the school that you are serving; I think you have to believe in what they're about, and how the monies that the State puts into this system, how it's spent, and the monies that are needed; and that's number one. I just believe in why Wil Lou Gray is there, and I think that you have to have a passion for their purpose and want to serve their goals.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. ENGLAND: Yes.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any Legislator prior to this date?
MR. ENGLAND: No, I have not.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. ENGLAND: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. ENGLAND: No, I have not.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. ENGLAND: I have not.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. ENGLAND: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. ENGLAND: Yes, sir.
CHAIRMAN KNOTTS: Thank you. Any questions from the Committee?
SENATOR McGILL: Mr. Chairman, are we ready for a Motion for favorable?
CHAIRMAN KNOTTS: If there's no more questions, yes, sir.
SENATOR McGILL: Move for favorable.
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: I have a motion to move forward for favorable and a second. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your service, sir.
MR. ENGLAND: Thank you.
CHAIRMAN KNOTTS: Mrs. Mary Frances Newman -- we have the director from Wil Lou Gray present here and I understand she is not present, can you give us a reason?
MR. SMITH: Senator, she called, she had some sort of a medical condition that required a procedure done. She told me she could not be here today, and they contacted your right hand there to tell the same thing.
CHAIRMAN KNOTTS: Can you tell us why she could not be here for screening?
MS. NORWOOD: Any time after this week. She had surgery yesterday, Senator. She'd be happy to meet any other time.
CHAIRMAN KNOTTS: Do we have any other people that were not able to come today? (No response)
CHAIRMAN KNOTTS: She's the only person on any Committee?
MS. NORWOOD: I believe so.
CHAIRMAN KNOTTS: Would it be the pleasure of the Committee to meet again just for the sole purpose of her screening and calling the court reporter back and everything? What is the pleasure of the Committee?
SENATOR McGILL: You want us to give a favorable report?
CHAIRMAN KNOTTS: Well, y'all have her paperwork in front of you and there is no infraction, or anything, but any member of the Committee wish to make a motion to waive her presence?
SENATOR McGILL: Mr. Chairman, I would make a motion in light of the fact that there's no infractions and a perfect record; I would move that we waive the process of coming before the Committee and approve her.
CHAIRMAN KNOTTS: Would you also agree that she's been screened several times before this Committee in the past?
SENATOR McGILL: Yes, I would include that in the motion.
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: I have a motion to waive her presence and I have a second due to the fact she's been waived before. Yes, sir, Senator?
SENATOR PEELER: Have we done this before or is this setting a precedence; I was curious if we've allowed screening to go forward without the person being present?
CHAIRMAN KNOTTS: I don't recall doing it before, that's the reason that I wanted to bring it before the Committee because I'm not going to take the privilege of being Chairman and waiving people. This is an important position, they need to be screened. I don't want any member to screen a person and not have the opportunity to question them if they have any questions. And if any member here feels that she needs to be screened, I'll certainly recall the Committee to do it.
SENATOR PEELER: Mr. Chairman, I don't have any. You say she has been screened several times before?
CHAIRMAN KNOTTS: Yes, sir. How many years has she served?
MR. SMITH: She's served four or five times.
CHAIRMAN KNOTTS: I personally know her and I know that she --
SENATOR PEELER: Mr. Chairman, if you're comfortable, I am.
SENATOR ALEXANDER: Mr. Chairman, I don't have a problem in this one instance, but I don't want this to become the standard, but I certainly will accommodate this time.
CHAIRMAN KNOTTS: That's the reason that I want to bring it to your attention. We don't want to set a precedence for somebody to say I have a medical condition and is not going to be screened. We want people screened before this Committee. I have a motion and a second that her appearance be waived, and this is a one-time only, because of a medical condition. Evidently it must have came up recently, because I saw her about a week ago and she was looking forward to coming before the Committee. So I have a motion and a second, any further discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Do I have a motion for her as a favorable report?
REPRESENTATIVE HEARN: So moved.
CHAIRMAN KNOTTS: Do I have a second?
SENATOR McGILL: Second.
CHAIRMAN KNOTTS: I have a motion for second. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you. That completes the Wil Lou Gray Opportunity School, and we'll now go back to the Citadel Board. I call the following person, Colonel Allison Dean Love. Ms. Love, if you would come, please, have a seat; you were sworn in earlier?
COLONEL LOVE: Yes, sir.
CHAIRMAN KNOTTS: For the record, please state your full name and the position that you are seeking.
COLONEL LOVE: Allison Dean Love, at-large seat on the Citadel Board of Visitors.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
COLONEL LOVE: No.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
COLONEL LOVE: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by Congressional District or Judicial Circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
COLONEL LOVE: The Citadel Board seats are at-large seats, sir, but I do reside at the address on my driver's license.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
COLONEL LOVE: Yes, sir.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member -- you have been screened before, so I think we all know you.
COLONEL LOVE: I have served on the Citadel Board of Visitors for 15 years, I began serving in 1997 when I was appointed as an advisory member and I was elected by the General Assembly in 2000 as the first and only graduate of the Citadel Graduate College; and I currently serve as the Chair of the Education Committee and serve on several other committees; and I've been a member of the Alumni Association, the Brigadier Foundation. I'm very active with the Citadel Foundation, and I've also served on the Board of the Low Country Graduate Center for 10 years. And professionally, I'm a public relations and communications consultant and I have a background in loss prevention and risk management in the insurance industry, so I think those are key skills that are necessary on the Citadel Board.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a board member and how would you handle the additional preparation?
COLONEL LOVE: You know, I believe in continuous improvement, and I serve as the Chair of the ad hoc Committee for the Citadel Board on Board Development, so I've done quite a lot of research in the last six months or so, and I think it's always good for all of us that serve on all the boards for the colleges and universities in South Carolina to know what the best practices are around the State as well as around the nation and by reading various publications of higher education and studying and finding out what other colleges do, so I believe in continuous improvement and I will continue to do that.
CHAIRMAN KNOTTS: What do you think requirements for Board members should be?
COLONEL LOVE: For a Citadel Board Member you must live in the State of South Carolina and be a graduate of the Citadel. But I believe it's important when you're serving on a board of this type, that you have experience, other board governance experience and other board background; so I have done that, sir, as well.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
COLONEL LOVE: I received that today, I have not read all of this, but I did receive it today.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
COLONEL LOVE: I have not sought the pledge of any legislator. I've had a few legislators who have known me for many years tell me to come back and see them at the appropriate time.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
COLONEL LOVE: Probably the same answer as before. I've not sought any pledges or support, but I've been told to come back and see them at the appropriate time after the screening.
CHAIRMAN KNOTTS: Just a general comment from them?
COLONEL LOVE: Yes, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
COLONEL LOVE: I've had a number of different people offer to do so, and I've made it extremely clear to them what the rules are, that they cannot ask for a commitment on my behalf, or ask anyone to vote for me at this time, until after the report is released.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
COLONEL LOVE: I've probably talked with just about every one of you at some point or another.
CHAIRMAN KNOTTS: I'm talking about concerning your re-appointment to the Citadel.
COLONEL LOVE: I think everyone is aware of my being here for re-election, but I've not sought any pledge from anyone.
CHAIRMAN KNOTTS: Do you understand that you're prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
COLONEL LOVE: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
COLONEL LOVE: Yes, sir.
CHAIRMAN KNOTTS: Any concerns with this candidate has been looked into, and we have no concerns with her. Any questions from the Committee, please?
SENATOR McGILL: Mr. Chairman, move for favorable.
CHAIRMAN KNOTTS: I have a Motion for Favorable Report; do I have a second?
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: Any discussion? (No response)
CHAIRMAN KNOTTS: No discussion. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you. And I would like to state for the record, she's been screened before.
COLONEL LOVE: Thank you.
CHAIRMAN KNOTTS: Next is Mr. Peter M. McCoy, Senior. Please have a seat and state your full name, for the record, and the position you're seeking.
MR. McCOY: Peter Michael McCoy, Senior; and I'm seeking the position as a candidate for the Board of Visitors at the Citadel, at-large seat.
CHAIRMAN KNOTTS: Do you have any interest professionally or personally that would present a conflict of interest because of your service on the Board?
MR. McCOY: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. McCOY: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis -- I know it's at-large.
MR. McCOY: I do reside at the address on my license.
CHAIRMAN KNOTTS: Do you understand that you're prohibited from seeking a commitment until 48-hours after the release of the Committee's report?
MR. McCOY: Yes, sir.
CHAIRMAN KNOTTS: Please, briefly, explain how you feel your professional experience, thus far, will assist you in being an effective board member.
MR. McCOY: Even prior to my professional experience, I was a Cadet, and I understand that system, that's going to help me a lot. But I was a school teacher when I first left the Citadel, and working with youngsters, and helping them move forward in their lives. But I've been in the manufacturing world with Sunoco products, I've managed their plants, operated their budgets, and held sales territories that have high budget numbers.
CHAIRMAN KNOTTS: What do you think the requirements for a board member should be?
MR. McCOY: Number one, you need a willingness to serve, you have to be a good listener. I think that you have to have a knowledge of budgets, and be able to hold to those budgets. You have to be able to work with the Citadel administration, and also with the State Legislature.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. McCOY: Mr. Chairman, I was given a copy of that today.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. McCOY: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered any conditional pledge of support of any legislator pending the outcome of your screening?
MR. McCOY: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact any members of the General Assembly on your behalf?
MR. McCOY: I have not.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. McCOY: I met Mr. Hearn on the elevator today.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after formal release of the Committee's report which is published in the House and Senate Journals?
MR. McCOY: I do.
CHAIRMAN KNOTTS: Have you reviewed the Committees Guidelines on Pledging?
MR. McCOY: Yes, sir.
CHAIRMAN KNOTTS: Thank you, very much. Any members of the Committee have a question?
SENATOR ALEXANDER: Motion for favorable report.
SENATOR McGILL: Motion for favorable report.
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: I have a motion for favorable report and a second. Any discussion? (No response)
CHAIRMAN KNOTTS: No discussion. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you.
SENATOR ALEXANDER: Mr. Chairman, as the others come up, is it my understanding that their record, or they're comments that are in our packet will be provided in the record, is that correct?
CHAIRMAN KNOTTS: I don't believe we have hers.
SENATOR ALEXANDER: I would move that, in a blanket, if someone provides a written statement, rather than them reading their testimony that it be provided in the record, if that would be appropriate.
CHAIRMAN KNOTTS: Any other discussion about that from the members of the Committee? (No response)
CHAIRMAN KNOTTS: All in favor of that say "Aye". (Response)
CHAIRMAN KNOTTS: So any of you that have a statement that you would like to present for your record here, just provide it and that will help us with time. And you will provide it to staff. Next is Lamont Andre' Melvin. Mr. Melvin, please come forward. Have a seat, please, welcome.
MR. MELVIN: Thank you.
CHAIRMAN KNOTTS: Please state your name and the position you're seeking.
MR. MELVIN: Lamont Andre' Melvin, the Citadel Board of Visitors, at-large seat.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the board?
MR. MELVIN: No, sir, I do not.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. MELVIN: No, sir, I do not.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. MELVIN: This is an at-large position, but I do reside full-time at the residence on my driver's license.
CHAIRMAN KNOTTS: For the purpose of this question, make sure you do live in the State of South Carolina.
MR. MELVIN: Yes, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48-hours after the release of the Committee's report?
MR. MELVIN: I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
MR. MELVIN: As a former leader in the Core of Cadets and an Army Veteran, a leader in corporate America, I've been in the pharmaceutical industry for 18 years and I'm responsible for the Eastern U.S. I'm also a Ph.D. candidate at the University of South Carolina, so I think I have both the business and academic credentials to go with the position.
CHAIRMAN KNOTTS: Thank you. Are there any areas that you would need to prepare yourself for in order to serve as a Board member, and how would you handle the additional preparation?
MR. MELVIN: Not at this time, sir.
CHAIRMAN KNOTTS: What do you think the requirements of a Board member are?
MR. MELVIN: Live in the State of South Carolina, also be a Citadel graduate, and have a good business sense. We are dealing with budgets, running a school is a business and also to have a heart for the students.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. MELVIN: I just received this today.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any Legislator prior to this date?
MR. MELVIN: I have not.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of the screening?
MR. MELVIN: I have not.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. MELVIN: No, sir, I have not.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. MELVIN: Only for introductory purpose. (Representative Whitmire enters proceedings)
CHAIRMAN KNOTTS: That was meeting with me, right?
MR. MELVIN: Yes.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. MELVIN: Yes, sir, I'm aware.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. MELVIN: I have not, but I will.
CHAIRMAN KNOTTS: Thank you. Members of the Committee, any questions?
SENATOR McGILL: Mr. Chairman, move for favorable.
SENATOR ALEXANDER: Second.
CHAIRMAN KNOTTS: I have a motion for favorable report and a second. Any discussions? (No response)
CHAIRMAN KNOTTS: No discussions. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you. Next is Mr. Jeffrey Stevenson. Have a seat, Mr. Stevenson. For the record, state your full name and the position you're seeking.
MR. STEVENSON: Jeffery Cooper Stevenson, seeking at-large seat, Board of Visitors.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. STEVENSON: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. STEVENSON: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. STEVENSON: I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. STEVENSON: I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience thus far will assist you to be an effective Board member.
MR. STEVENSON: Sir, I've served in the public government for many years, both as a Naval officer, as a Naval civilian, with the FBI, being a leader of men, good stewards health and wealth fare, as well as, good stewards of the taxpayer's money. Currently, Google, I'm their deployment program manager globally, so I understand the corporate side of being able to turn a profit while managing budgets in the billions of dollars. Additionally, I have a lot of experience in the Low Country as an executive steering committee member of the Low Country Stone Collaborative. I sit on the board of directors for the Foundation of the Governor's School of Science and Mathematics, Berkeley County School District Improvement Committee, the Citadel's Joint Advisory Committee for their Computer Science Department, as well as, a non-profit, known as Working Warriors Wounded Nature.
CHAIRMAN KNOTTS: Are there any areas that you feel you would need to prepare yourself for in order to serve as a Board member?
MR. STEVENSON: No, sir. I'm familiar with the Citadel Commission and its strategic plan, and have worked in the past few years with Citadel administration on that, executing that strategic plan.
CHAIRMAN KNOTTS: What do you think requirements for a Board member should be?
MR. STEVENSON: First, as my other colleagues have said, be a South Carolinian, live in South Carolina. Be a Citadel graduate. But then, you also have to have a passion for the school; you have to have an ability to give your leadership without personal agenda to the school so that you can represent its interests and the interest of the State. And finally, you have to have the ability to make difficult decisions, even if they're unpopular. If they are the correct decision in the best interest of what needs to be done, then you have to be able to stand up and make that decision.
CHAIRMAN KNOTTS: Will you elaborate a little further on why you should have to be a Citadel graduate? Do you think people out there that aren't graduates from the Citadel can't serve on the Board?
MR. STEVENSON: I think that if you're not a Citadel graduate you don't have as close a tie to the Citadel. You don't have quite as deep an understanding of where the school is coming from; and I believe that we don't need to necessarily do away with that existing requirement because there are plenty of qualified candidates.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. STEVENSON: I am.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. STEVENSON: No, I have not.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. STEVENSON: No.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. STEVENSON: No, I have not.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. STEVENSON: No, I have not.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. STEVENSON: I do.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. STEVENSON: I have.
CHAIRMAN KNOTTS: Any questions from the Committee? (No response)
CHAIRMAN KNOTTS: What is the pleasure of the Committee?
REPRESENTATIVE HEARN: Move for favorable.
SENATOR McGILL: Second.
CHAIRMAN KNOTTS: Do I have any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Let it be known that you have a favorable report. Thank you for your willingness to serve. That completes the Citadel Board. We'll now move to Clemson University. First of all, Dr. Ronald Lee. Dr. Lee, if you would, state your full name for the record and the position that you're seeking.
DR. LEE: My name is Ronnie Lee from Aiken, South Carolina, and I'm a candidate for the Clemson Board of Trustees, all seats are at-large seats. (Representative Brady enters)
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
DR. LEE: I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
DR. LEE: I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
DR. LEE: Well, certainly, the past two years I've served on the Board have been invaluable to me. Also, I'm a small business owner, have degrees from undergraduate school, graduate school, professional school, which shows you my passion for education. So I think that those experiences are invaluable. Also, remember, I'm a dentist so I have pretty thick skin, I see 30 to 40 patients a day who really don't like me. You have to be used to taking a hit.
CHAIRMAN KNOTTS: You certainly get used to them Carolina fans, don't you?
DR. LEE: Yeah, I have about 70 reasons.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a board member?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: What do you think the requirements for a Board member should be?
DR. LEE: I think the most important thing is to have a passion for education, a passion for students, and mainly a desire to work. I certainly -- back to the football analogy -- would consider myself a two-star recruit with a good work ethic. Mainly, someone that just wants to be there and is willing to work and willing to listen, and is available and accessible to the students and parents and to you Legislators who put us there.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
DR. LEE: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
DR. LEE: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
DR. LEE: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
DR. LEE: I have.
CHAIRMAN KNOTTS: Members of the Committee, Dr. Lee has been screened before and is an incumbent.
REPRESENTATIVE HEARN: Move for favorable report.
CHAIRMAN KNOTTS: And questions prior to that? (No response)
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: Okay. I have a motion for a favorable report and a second, any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve, Dr. Lee.
DR. LEE: Thank you.
CHAIRMAN KNOTTS: Dr. Louis Lynn. At this time I would ask the committee go into Executive Session briefly to clear up a matter. (Off the record, Executive Session)
CHAIRMAN KNOTTS: For the record, Dr. Lynn, please state your full name and the position you're seeking.
DR. LYNN: My name is Louis Bernard Lynn and I'm seeking an at-large seat on the Clemson Board of Trustees.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
DR. LYNN: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
DR. LYNN: No, sir. I do sit on the State Work Force Investment Board, appointed by the last Governor and this Governor, but it's been cleared by the Ethics Commission.
CHAIRMAN KNOTTS: Ethics Commission has cleared it?
DR. LYNN: Yes, sir, I guess I've served through -- it's my sixth term.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
DR. LYNN: Yes, sir, I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
DR. LYNN: Yes, sir, I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
DR. LYNN: Mr. Chairman, at the end of this term I will have served six terms, 24 years, since 1988. I'm an adjunct professor of horticulture, so I give my professional talent back to Clemson. I've served, in my 24 years, I've served in every position except chairman and we have three graduations a year, so since I've been on the board we've had 71 graduations, and I think that's what we're in business for. I've missed three, one was for Hugo, one was for my grandfather's death, and the other was for another family issue, so I believe we need to be there. As far as boards, I've served on the state chamber, and local chamber, I'm currently the only South Carolinian on the National Board of BB&T Bank.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a board member and how would you handle the additional preparation?
DR. LYNN: No, sir, just sharpening skills after 24 years.
CHAIRMAN KNOTTS: What do you think the requirements for a board member are?
DR. LYNN: I think the Board member must have knowledge of his university, must have love of his university. To me, Clemson is a labor of love, and they must give of their time, of their talent, and their resources.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
DR. LYNN: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
DR. LYNN: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
DR. LYNN: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
DR. LYNN: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
DR. LYNN: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
DR. LYNN: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
DR. LYNN: Yes, sir.
CHAIRMAN KNOTTS: Members of the Committee, any questions?
SENATOR McGILL: Move for favorable report.
REPRESENTATIVE MACK: Second.
CHAIRMAN KNOTTS: We have a motion for favorable report and a second. Any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. Next is Mr. Robert L. Peeler. Bob, would you please state your full name for the record.
MR. PEELER: Robert Lee Peeler, and I reside in Lexington.
CHAIRMAN KNOTTS: You're seeking a position on the --
MR. PEELER: Seeking an at-large position, re-election to the Clemson University Board of Trustees.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. PEELER: I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. PEELER: Yes, sir.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
MR. PEELER: I'm proud to say I grew up in agriculture, I grew up in Gaffney, and served as Chairman of the School Board in Cherokee County and also as Chairman of the State Board of Education, as President of the South Carolina Dairy Association. And I think I have a varied background that I bring to the Clemson board, and I think that's a good thing. I currently serve as Vice-Chairman of the Clemson Board of Trustees, and Chairman of the Agriculture and Natural Resources Committee.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a board member and how would you handle the additional preparation?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: What do you think the main requirements for board member should be?
MR. PEELER: I think you should love people; I love people and I love Clemson and I love South Carolina. And I care especially about working families in South Carolina and you all were kind of enough to elect me to an open seat to Clemson Board of Trustees in 2003, and they've re-elected me twice since then. And I think when Thomas Green Clemson set up his Will that there be seven life trustees and six elected trustees, of my which I am one, I'm fully aware of the fact that I represent you and the people of South Carolina on the Clemson Board of Trustees.
CHAIRMAN KNOTTS: Is your skin as thick as Dr. Lee's?
MR. PEELER: I think it is. I think growing up in the milk business is one thing. My brother Harvey told me -- my twin brother Bill and I, our 60th birthday was January 4th, the day of the Orange Bowl. Harvey told me that after 60 don't let anybody fool you, that it goes downhill after that, but I didn't realize it was going to go downhill that quickly. My daughter Caroline graduated from Clemson, my son Robert is a senior, and will graduate in August from Clemson. My brother Harvey graduated from Clemson, my brother Bill did and my sister Susan did. We're a proud Clemson family and I'm honored to be able to serve. And I thank you for allowing me to do that.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. PEELER: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. PEELER: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. PEELER: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed Committee's Guidelines on Pledging?
MR. PEELER: I have.
CHAIRMAN KNOTTS: Have you been caught doing 33 in a 70?
MR. PEELER: No, sir, and I'm also aware that I just got a bulletin that West Virginia just scored again. And Clemson took a bus home because they were afraid to risk another touchdown. I've heard most of them.
CHAIRMAN KNOTTS: Thank you. Any questions from the Committee?
SENATOR ALEXANDER: Mr. Chairman, I've got a comment.
CHAIRMAN KNOTTS: Yes, sir.
SENATOR ALEXANDER: I ran in -- he was mentioning his family being Clemson graduates and one getting ready to be a graduate, as I understand, his son Robert is getting ready to graduate in August. I saw Robert recently and I encouraged him to not make it this August, but maybe two or three years down the road, enjoy that experience as long as he could.
MR. PEELER: Thank you, I appreciate that.
SENATOR ALEXANDER: Keep in school as long as he can, keep the money coming to Clemson.
MR. PEELER: He loves to hear his Uncle Harvey's stories.
SENATOR ALEXANDER: Maybe his brother will want to make a recommendation and I will second it.
REPRESENTATIVE HEARN: I move for favorable report.
SENATOR McGILL: I will second it.
CHAIRMAN KNOTTS: Any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed. (No response)
CHAIRMAN KNOTTS: Thank you. And you have a favorable report, and thank you for being my -- living in my County, and used to be my constituent until redistricting. Okay. Admiral William L. Schachte.
ADMIRAL SCHACHTE: Thank you, and I'm a candidate for the Clemson University at-large Board of Trustees.
CHAIRMAN KNOTTS: State your full name.
ADMIRAL SCHACHTE: Retired William L. Schachte, Jr.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
ADMIRAL SCHACHTE: Yes, sir, I do.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
ADMIRAL SCHACHTE: Yes, sir, I do.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
ADMIRAL SCHACHTE: Thank you, sir. I think basically my - pretty much my entire Navy experience, particularly serving five years as an Admiral with major commands, working with very restricted budgets. When I ran NCIS, we had a segment of our budget that was also classified for counter espionage and those kinds of matters, and I was responsible to two committees in Congress, the House Senate Select Committee on Intelligence and the Senate Select Committee on Intelligence, both for the appropriation of funds and for the operations that we wanted to undertake worldwide in concert with the CIA. When I was the Deputy Jag I was responsible for all of the offices and about 1,100 attorneys that comprised the Navy Jag Corp at that time. Also, over my ten years in the Pentagon, I had various assignments. Additionally, I served on USBA Board of Directors subsequent to my retirement. And I might add, I don't think it's applicable but my days in combat as a junior officer, as a skipper of a Swift boat in Vietnam, as far as leadership is concerned.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare by yourself for in order to serve as a board member and how would you handle the additional preparation?
ADMIRAL SCHACHTE: No, sir not at this time.
CHAIRMAN KNOTTS: What do you think the requirements for a board member are?
ADMIRAL SCHACHTE: Well, first of all, I'd like to state that this is a distinct honor to have the potential opportunity to serve. I think one of the basic requirements, and my colleagues have already mentioned these things, number one is a love for Clemson, or the University to which we're seeking. My grandfather was a member of the Class of '07, my dad was '34, I was '63, and my eldest son was Class '89. Interestingly, each of us is named William Leon Schachte. I think a passion and a love for students, the University and a commitment to work, do what's best for the students, for the State, and for the members of the legislature, I think are the basic requirements.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
ADMIRAL SCHACHTE: Yes, sir, basically, like my other colleagues, I got it today and read it quickly.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
ADMIRAL SCHACHTE: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
ADMIRAL SCHACHTE: Yes, sir, I do.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
ADMIRAL SCHACHTE: Yes, sir, I have.
CHAIRMAN KNOTTS: Any questions from the Committee? (No response)
CHAIRMAN KNOTTS: No questions from the committee. Do I have a motion?
SENATOR ALEXANDER: I move for favorable.
CHAIRMAN KNOTTS: I have a motion for favorable report, do I have a second?
REPRESENTATIVE BRADY: Second.
CHAIRMAN KNOTTS: Okay. Any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. For the information of the Committee, Mrs. Louise "Weesie" Whitmore Poole withdrew, she had applied for a seat and she withdrew with a letter on 1-18-12. Thank you.
Next, we'll go to the University of South Carolina, 2nd Circuit, Mr. Miles Loadholt. Mr. Loadholt, please state your name for the record.
MR. LOADHOLT: Miles Loadholt seeking the Trusteeship for the University of South Carolina 2nd Judicial Circuit for Aiken, Bamberg and Barnwell County. (Representative Mack exits Chambers)
CHAIRMAN KNOTTS: For the purpose of the Committee we've looked at Mr. Loadholt, he's been screened several times and there's been no changes in any of his previous screenings and no concerns that was found. His concerns for staying on the Board is the same as it was the last time and I'll just skip the first part if it's okay with the Committee. Any objection to that, and just ask him the questions of commitment?
SENATOR PEELER: I make a motion to go forward.
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. LOADHOLT: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. LOADHOLT: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. LOADHOLT: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. LOADHOLT: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. LOADHOLT: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. LOADHOLT: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. LOADHOLT: Yes.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. LOADHOLT: Yes, sir.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. LOADHOLT: No, sir.
CHAIRMAN KNOTTS: I have no other questions. Any question from the Committee?
SENATOR McGILL: Move for a favorable.
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: I have a motion for favorable and a second for favorable. Any discussion? (No response)
CHAIRMAN KNOTTS: Any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed. (No response)
CHAIRMAN KNOTTS: Thank you, Mr. Loadholt, for serving again. There are no other applicants in that 2nd Circuit. The 4th Circuit is the same set of circumstances, as Mr. Eugene P. Warr. Mr. Warr, come forward, please.
MR. WARR: Thank you, sir.
CHAIRMAN KNOTTS: If we could go into Executive Session for one question, please. (Off the record, Executive Session)
CHAIRMAN KNOTTS: If you would, please state your full name and the position for which you are seeking.
MR. WARR: 4th Judicial Circuit University of South Carolina.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally that would present a conflict of interest because of your service on the board?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected, would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: You've been screened before this committee?
MR. WARR: This will be the fourth time.
CHAIRMAN KNOTTS: Has there been any changes since the last screening?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. WARR: Yes, sir.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. WARR: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Have you contacted members of the Commission?
MR. WARR: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate?
MR. WARR: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. WARR: Yes, sir.
CHAIRMAN KNOTTS: Is there any question from the Committee? (No response)
SENATOR McGILL: Move for favorable report.
CHAIRMAN KNOTTS: Do I have a second?
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: All in favor say "Aye." (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. There's no other candidates in that circuit. Sixth Circuit seat, Mr. Hubert F. Mobley. Mr. Mobley, please state your name for the record.
MR. MOBLEY: Hubert F. Mobley.
CHAIRMAN KNOTTS: The position you're seeking?
MR. MOBLEY: Sixth Judicial Circuit from Chester, Lancaster and Fairfield Counties.
CHAIRMAN KNOTTS: You're an incumbent, been screened before?
MR. MOBLEY: Yes, sir.
CHAIRMAN KNOTTS: Any objection from the committee of us going through the same procedure as the last candidate? (No response)
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. MOBLEY: No, sir.
CHAIRMAN KNOTTS: Do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. MOBLEY: Yes, sir.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. MOBLEY: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. MOBLEY: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. MOBLEY: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. MOBLEY: No, sir.
CHAIRMAN KNOTTS: Have you contacted members of the Commission?
MR. MOBLEY: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. MOBLEY: I do.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines and Pledges?
MR. MOBLEY: Yes, sir.
CHAIRMAN KNOTTS: I have no further questions, the candidate has been screened before by this Committee. Is there any questions from the Committee? (No response)
SENATOR PEELER: Move for favorable report.
SENATOR ALEXANDER: Second.
CHAIRMAN KNOTTS: I have a second. Any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. We have three more, we have Mr. A.C. "Bubba" Fennell. State your name and position for which you are seeking.
MR. FENNELL: A.C. Fennell, the Third, and I go by the nickname "Bubba" and seeking 8th Circuit University of South Carolina Board of Trustees.
CHAIRMAN KNOTTS: Mr. Fennell, this is your first time?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. FENNELL: No, sir. (Senator Alexander exits Chambers)
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: Please explain how you feel your professional experience, thus far, will assist you to be an effective board member?
MR. FENNELL: I'm a USC graduate, grew up in Greenwood, South Carolina. I'm a certified public accountant, been a businessman working with businesses through a regional CPA firm I've been associated with 40 years. I was also President of the National Alumni Association from 1999 to 2005, and I was President from 2000 to 2001 and served on the Board of Trustees as an ex-officio member. After that, I was on the Board of Visitors and Chairman the last years, and I've been on the Business Partnership Foundation of the Moore School of Business since 2003.
CHAIRMAN KNOTTS: Are there any areas that you would need to prepare yourself for in order to serve as a board member?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: What do you think the main requirements of board member should be?
MR. FENNELL: I think the main thing is a willingness to serve our University, the love for the University, and also interested in doing what's in the best interest of the students, the parents, and also working with the legislature and generally making the University a better place.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. FENNELL: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. FENNELL: Yes, sir.
CHAIRMAN KNOTTS: There is no further questions.
SENATOR PEELER: Mr. Chairman, the only thing I could say negative about Mr. Fennell is he sees fit to bring a bulldog with him. Because of that I move for a favorable report.
CHAIRMAN KNOTTS: You must have real thick skin. Okay. I have motion for favorable report, do I have a second?
SENATOR McGILL: Second.
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. Next we have Mr. Chuck Allen. Mr. Allen, please state your name and the position you're seeking.
MR. ALLEN: My full given name is Donald Edward Allen, I'm seeking re-election to the University of South Carolina Board of Trustees, Anderson and Oconee Counties.
CHAIRMAN KNOTTS: You've been screened how many times before this Committee?
MR. ALLEN: This will be the second time.
CHAIRMAN KNOTTS: Any objection to -- there's been no changes since that last screening. Any objection from the board to proceed on with the short form? (No response)
CHAIRMAN KNOTTS: No objections.
MR. Allen, do you still live at reside at the address on your driver's license and voter's registration and property tax residency statement on a full time basis?
MR. ALLEN: I do.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. ALLEN: Not to my knowledge.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. ALLEN: I do not.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. ALLEN: I have reviewed them, yes.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. ALLEN: I have not.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MR. ALLEN: I have not.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. ALLEN: I have not.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. ALLEN: I have not.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. ALLEN: I do understand.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. ALLEN: I have done that.
CHAIRMAN KNOTTS: Any questions from the Committee? (No response)
SENATOR McGILL: Move for favorable report.
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: Motion for favorable and a second, any discussion? (No response)
CHAIRMAN KNOTTS: All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve. I said there was two more but there are a couple more. Okay. 14th Circuit, Allendale, Hampton, Colleton, Jasper and Beaufort Counties, Mr. William Jones. Please state your full name and position you're seeking, on what board.
MR. JONES: My name is William W. Jones and I'm seeking a position on the University of South Carolina Board of Trustees, 14th Judicial Circuit.
CHAIRMAN KNOTTS: Mr. Jones has been screened how many times before this committee?
MR. JONES: Twice before.
CHAIRMAN KNOTTS: There's been no changes in his application or his commitment to serve; any objection by the board to go to the short form? (No response)
CHAIRMAN KNOTTS: Mr. Jones, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. JONES: Yes, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. JONES: No, sir, I do not.
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board?
MR. JONES: No, sir, I do not.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. JONES: Yes, sir, I am.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. JONES: No, sir, I have not. I did provide notice of my intent to run again for this seat early on but that letter did not seek any type of commitment or otherwise.
CHAIRMAN KNOTTS: Basically an introductory letter?
MR. JONES: Yes, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. JONES: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MR. JONES: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. JONES: Yes, sir, I do.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. JONES: I have.
CHAIRMAN KNOTTS: No further questions. Any members of the committee have questions? (No response)
SENATOR McGILL: Move for favorable report.
REPRESENTATIVE HEARN: Second.
CHAIRMAN KNOTTS: I have a second. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve, sir. Next is Mr. Burroughs. Please come forward and have a seat, sir.
MR. BURROUGHS: James Egerton Burroughs.
CHAIRMAN KNOTTS: And you're seeking?
MR. BURROUGHS: USC Board of Trustees, seat for the 15th Judicial Circuit, Georgetown and Horry.
CHAIRMAN KNOTTS: Mr. Burroughs has been screened before this Committee, there's been no changes in his application or to his answers in his application. Any objection to going to the short form? (No response)
CHAIRMAN KNOTTS: Do you have any interest, professionally or personally, that would present a conflict of interest since the last time you were screened?
MR. BURROUGHS: Not to my knowledge, Mr. Chairman.
CHAIRMAN KNOTTS: You would know, wouldn't you?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MR. BURROUGHS: No, sir.
CHAIRMAN KNOTTS: Do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a commitment until 48 hours after the release of the Committee's report?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MR. BURROUGHS: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MR. BURROUGHS: No, sir.
CHAIRMAN KNOTTS: Have you contacted any of the members of the Commission?
MR. BURROUGHS: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MR. BURROUGHS: Yes, sir.
CHAIRMAN KNOTTS: No further questions. Is there any questions of the Committee? (No response)
REPRESENTATIVE HEARN: Move for a favorable report.
CHAIRMAN KNOTTS: I have a motion for favorable report; do I have a motion for a second?
SENATOR McGILL: Second.
CHAIRMAN KNOTTS: Any discussion? (No response)
CHAIRMAN KNOTTS: No discussion. Call a vote, all in favor say "Aye". (Response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve.
MR. BURROUGHS: Thank you, sir.
CHAIRMAN KNOTTS: 16th Circuit, and the last one for the day is Ms. Leah Bess Moody. Out of all the people, she was very fun and very friendly. Would you please state your name, full name and the position you're seeking.
MS. MOODY: Leah B. Moody, and I'm seeking USC Trustee for the 16th Circuit, Union and York Counties.
CHAIRMAN KNOTTS: Ms. Moody, you've been screened by this board before?
MS. MOODY: I have.
CHAIRMAN KNOTTS: Is there any changes in your application since the last time?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Any objection, let's go to the short form for her? (No response)
CHAIRMAN KNOTTS: Do you have any interests, professionally or personally, that would present a conflict of interest because of your service on the Board since the last screening?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Do you now hold any public position of honor or trust that, if elected would cause you to violate the Dual Office Holding Clause of the Constitution?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: If your seat is determined by congressional district or judicial circuit, do you reside at the address on your driver's license, voter registration, and property tax residency statement on a full time basis?
MS. MOODY: Yes.
CHAIRMAN KNOTTS: Are you familiar with the statutory requirements for non-judicial screening and elections, that is Sections 2-20-10 through 2-20-70?
MS. MOODY: Yes, sir.
CHAIRMAN KNOTTS: Have you sought or received the pledge of any legislator prior to this date?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Have you sought or have you been offered a conditional pledge of support of any legislator pending the outcome of your screening?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Have you asked any third parties to contact members of the General Assembly on your behalf?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Have you contacted any members of the Commission?
MS. MOODY: No, sir.
CHAIRMAN KNOTTS: Do you understand that you are prohibited from seeking a pledge or commitment until 48-hours after the formal release of the Committee's report which is published in the House and Senate Journals?
MS. MOODY: I understand.
CHAIRMAN KNOTTS: Have you reviewed the Committee's Guidelines on Pledging?
MS. MOODY: Yes, sir.
CHAIRMAN KNOTTS: That's all the questions that I have at this time. Hold on just a moment and let me check one thing. We need to go into executive session just one second. (Off the record, Executive Session)
CHAIRMAN KNOTTS: Okay. Do I have a motion for favorable report?
REPRESENTATIVE HEARN: Move for favorable report.
SENATOR PEELER: Second.
CHAIRMAN KNOTTS: Any discussion? (No response)
CHAIRMAN KNOTTS: No discussion. All in favor say "Aye". (Response)
CHAIRMAN KNOTTS: All opposed? (No response)
CHAIRMAN KNOTTS: Thank you for your willingness to serve and your attitude. That concludes the work of the Committee at this time. Let the record reflect that I have the proxy for Senator Alexander, and he voted in favor for all this. That concludes the Screening of the Colleges and Universities. The next meeting will be for the ones that are determined by Congressional Districts. I can't express enough Julia, this being her first time, and we wanted to go in a new direction because this Committee, we found we needed to go in a new direction. She's worked hard on it and she's been a little frustrated at times. I appreciate the hard work the Committee has done today. These boards and commissions, we needed to take a stronger look at than we have in the past, and I appreciate your indulgence to stay with us on it. And I have one set of records and after this committee, if anybody wants to look at it, we'll do it, but at that point in time, you think two weeks would be an adequate time for y'all to come and look at any records, or if -- are these records open to any member of the General Assembly or just this Committee?
SENATOR PEELER: I assume they're just open to the Committee.
CHAIRMAN KNOTTS: We've done our screening and put them out, so therefore, in two weeks will it be the will of the Committee to give me the permission to purge the records so we don't have personal credit reports out there?
SENATOR PEELER: We are not meeting two weeks from now.
CHAIRMAN KNOTTS: No. But I'm saying for the Committee here, if you have any questions and you want to come back and look at anything. Okay. Do I have a motion to adjourn the meeting?
SENATOR PEELER: I make a motion to adjourn.
CHAIRMAN KNOTTS: So moved. (Proceedings adjourned at 3:40 p.m.)

FINDINGS OF FACT

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities has found the following individuals qualified to seek the respective positions on the Boards of Trustees:

The Citadel (Two Seats, at-large)

Col. Allison Dean Love

Mr. Peter M. McCoy, Sr.

Mr. Lamont Andre' Melvin

Mr. Jeffrey C. Stevenson

Clemson University (Three Seats, at-large)

Dr. Ronald Lee

Dr. Louis B. Lynn

Mr. Robert L. Peeler

Admiral William L. Schachte, Jr.

University of South Carolina (Eight Judicial Circuits)

2nd Circuit (Aiken, Bamberg, Barnwell)

Mr. Miles Loadholt

4th Circuit (Chesterfield, Darlington, Marlboro, Dillon)

Mr. Eugene P. Warr, Jr.

6th Circuit ( Chester, Lancaster, Fairfield)

Mr. Hubert F. Mobley

8th Circuit ( Abbeville, Greenwood, Laurens, Newberry)

Mr. A. C. "Bubba" Fennel III

10th Circuit (Anderson and Oconee)

Mr. Chuck Allen

14th Circuit (Allendale, Hampton, Colleton, Jasper, Beaufort)

Mr. William W. Jones, Jr.

15th Circuit (Georgetown and Horry)

Mr. J. Egerton Burroughs

16th Circuit (Union and York)

Ms. Leah Bess Moody

Wil Lou Gray Opportunity School

Mrs. Doris Adams

Mr. Bryan England

Mrs. Mary Frances "Frankie" Newman

Respectfully submitted,

Senator Jake Knotts, Chairman

Representative Joan Brady, Vice Chairman

Senator Thomas C. Alexander

Senator Harvey S. Peeler, Jr.

Senator J. Yancey McGill

Representative George M. Hearn

Representative David J. Mack III

Representative William R. Whitmire

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4199
Agency: Board of Education
Statutory Authority: 1976 Code Sections 59-43-10 et seq.
Adult Education Program
Received by Speaker of the House of Representatives January 10, 2012
Referred to Education and Public Works Committee
Legislative Review Expiration May 9, 2012
Revised: May 12, 2012

HOUSE RESOLUTION

The following was introduced:

H. 5033 (Word version) -- Reps. Ott and Cobb-Hunter: A HOUSE RESOLUTION TO CONGRATULATE MR. R. J. HARLEY OF ORANGEBURG COUNTY ON THE OCCASION OF HIS NINETIETH BIRTHDAY, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5034 (Word version) -- Reps. D. C. Moss, V. S. Moss and Tallon: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE GAFFNEY HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON, AND TO CONGRATULATE THEM FOR WINNING THE 2012 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5035 (Word version) -- Reps. D. C. Moss, V. S. Moss and Tallon: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GAFFNEY HIGH SCHOOL VARSITY BOYS BASKETBALL TEAM OF CHEROKEE COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2012 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the Gaffney High School varsity boys basketball team of Cherokee County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2012 South Carolina Class AAAA State Championship title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5036 (Word version) -- Reps. Harrell, Bannister, Hardwick, Harrison, Howard, Lucas, Ott, Owens, Sandifer and White: A HOUSE RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES AND THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REAUTHORIZING THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR AN ADDITIONAL FOUR YEARS BECAUSE FAILURE TO DO SO WOULD CREATE AN ADVERSE IMPACT ON THE FUTURE ECONOMIC GROWTH OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5037 (Word version) -- Reps. Harrell, Bannister, Hardwick, Harrison, Howard, Lucas, Ott, Owens, Sandifer and White: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES AND THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REAUTHORIZING THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR AN ADDITIONAL FOUR YEARS BECAUSE FAILURE TO DO SO WOULD CREATE AN ADVERSE IMPACT ON THE FUTURE ECONOMIC GROWTH OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1342 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE LIBERTY HIGH SCHOOL COMPETITIVE CHEER TEAM OF PICKENS COUNTY UPON WINNING THE 2011 SOUTH CAROLINA HIGH SCHOOL CLASS AA STATE CHEER CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM AND HEAD COACH MISSY RICKEN ON A SUPERLATIVE SEASON.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5038 (Word version) -- Reps. Putnam, Thayer, Bowen, Agnew, Gambrell and White: A BILL TO AMEND SECTION 35-1-604, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE ENFORCEMENT OF THE UNIFORM SECURITIES ACT BY THE ATTORNEY GENERAL ACTING AS THE SECURITIES COMMISSIONER INCLUDING THE AUTHORITY TO ISSUE CEASE AND DESIST ORDERS, SO AS TO REQUIRE CEASE AND DESIST ORDERS ISSUED BY THE SECURITIES COMMISSIONER TO BE AFFIXED BY THE PERSON OR ENTITY WHO IS THE SUBJECT OF THE ORDER TO EACH ENTRANCE OF THE PLACE OF BUSINESS WHERE THE COMMISSIONER DETERMINES THE VIOLATION OCCURRED, TO PROVIDE FOR THE NOTIFICATION OF PRINT AND BROADCAST MEDIA AND OTHER ENTITIES OF THE ISSUANCE OF SUCH CEASE AND DESIST ORDERS BY THE COMMISSIONER, AND TO PROVIDE FOR A CIVIL FINE TO BE IMPOSED FOR FAILURE TO AFFIX THE ORDERS TO THE ENTRANCES OF THE PLACE OF BUSINESS WHERE THE VIOLATION OCCURRED.
Referred to Committee on Judiciary

The SPEAKER granted Rep. BINGHAM a leave of absence for the day to attend a family funeral.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to out-of-state legislative meetings.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MCCOY a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Roland Knight of Greenville was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Rep. DELLENEY moved to adjourn debate upon the following Joint Resolution until Tuesday, April 17, which was adopted:

H. 4672 (Word version) -- Rep. H. B. Brown: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELIGIBILITY TO HOLD A POPULARLY ELECTED OFFICE IN THIS STATE, SO AS TO ELIMINATE THE EXCEPTION THAT ALLOWS A PERSON TO HOLD ELECTIVE OFFICE IF A PERSON'S CONVICTION HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW, OR IF IT HAS BEEN FIFTEEN OR MORE YEARS AFTER THE COMPLETION DATE OF THE PERSON'S SENTENCE, INCLUDING PROBATION AND PAROLE TIME.

H. 4008--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4008 (Word version) -- Reps. Harrison, H. B. Brown, G. R. Smith, Knight, Atwater, Branham, Viers, Bannister, Dillard, Erickson, Hamilton, Hearn, Hosey, Limehouse, D. C. Moss, Patrick, Pinson, Sandifer, G. M. Smith, J. R. Smith, Stringer, Toole, Willis and Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-390 SO AS TO PROVIDE THAT THERE IS NO MONETARY LIABILITY, AND NO CAUSE OF ACTION IS CREATED, BY A HOSPITAL UNDERTAKING OR PERFORMING CERTAIN ACTS IF NOT DONE WITH MALICE; BY ADDING SECTION 44-7-392 SO AS TO PROVIDE THAT CERTAIN HOSPITAL PROCEEDINGS AND DATA, DOCUMENTS, RECORDS, AND INFORMATION RESULTING FROM THESE PROCEEDINGS ARE CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY OR SUBPOENA AND MAY NOT BE USED AS EVIDENCE IN A CIVIL ACTION UNLESS THE HOSPITAL HAS WAIVED CONFIDENTIALITY OR THE DATA, DOCUMENTS, RECORDS, OR INFORMATION ARE OTHERWISE AVAILABLE AND SUBJECT TO DISCOVERY; TO PROVIDE THAT THE OUTCOME OF A PRACTITIONER'S APPLICATION FOR HOSPITAL STAFF MEMBERSHIP OR CLINICAL PRIVILEGES IS NOT CONFIDENTIAL BUT THAT THE APPLICATION AND SUPPORTING DOCUMENTS ARE CONFIDENTIAL; TO PROVIDE THAT DISCLOSURE OF CERTAIN INFORMATION BY A HOSPITAL THROUGH REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE JOINT COMMISSION, OR THE BOARD OF MEDICAL EXAMINERS IS NOT A WAIVER OF ANY PRIVILEGE OR CONFIDENTIALITY; AND TO PROVIDE THAT AN AFFECTED PERSON MAY FILE AN ACTION TO ASSERT A CLAIM OF CONFIDENTIALITY AND TO ENJOIN THE HOSPITAL, THE JOINT COMMISSION, OR THE BOARD OF MEDICAL EXAMINERS FROM RELEASING SUCH INFORMATION, AND IF THE COURT FINDS THAT THE PERSON ACTED UNREASONABLY IN ASSERTING THIS CLAIM, THE COURT SHALL ASSESS ATTORNEY'S FEES AGAINST THAT PERSON; BY ADDING SECTION 44-7-394 SO AS TO PROVIDE THAT IF IN A JUDICIAL PROCEEDING THE COURT FINDS DOCUMENTS, OVER WHICH THE HOSPITAL ASSERTED A CLAIM OF CONFIDENTIALITY, ARE NOT SUBJECT TO CONFIDENTIALITY AND THAT THE HOSPITAL ACTED UNREASONABLY IN ASSERTING THIS CLAIM, THE COURT SHALL ASSESS ATTORNEY'S FEES AGAINST THE HOSPITAL FOR COSTS INCURRED BY THE REQUESTING PARTY TO OBTAIN THE DOCUMENTS; AND TO AMEND SECTION 40-71-10, RELATING TO THE EXEMPTION FROM TORT LIABILITY FOR MEMBERS OF CERTAIN PROFESSIONAL COMMITTEES, SO AS TO DELETE FROM THE EXEMPTION AN APPOINTED MEMBER OF A COMMITTEE OF A MEDICAL STAFF OF A HOSPITAL IF THE STAFF OPERATES PURSUANT TO WRITTEN BYLAWS APPROVED BY THE GOVERNING BOARD OF THE HOSPITAL.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4008 (COUNCIL\NBD\12205AC12):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Section 44-7-390. There is no monetary liability on the part of, and no cause of action for damages arising against, a hospital licensed under this article, its parent, subsidiaries, health care system, physician practices owned by the hospital (its parent or subsidiaries), directors, officers, agents, employees, medical staff members, external reviewers, witnesses, or a member of any committee of a licensed hospital, whether permanent or ad hoc, including the hospital's governing body, for any act or proceeding undertaken or performed without malice, made after reasonable effort to obtain the facts, and the action taken was in the belief that it is warranted by the facts known, arising out of or relating to:

(1) sentinel event investigations or root cause analyses, or both, as prescribed by The Joint Commission or any other organization under whose accreditation a hospital is deemed to meet the Centers for Medicare and Medicaid Services' conditions of participation;

(2) investigations into the competence or conduct of hospital employees, agents, members of the hospital's medical staff or practitioners who have been granted privileges by the hospital's governing body, relating to the quality of patient care, and any disciplinary proceedings or fair hearings related thereto, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital;

(3) quality assurance reviews;

(4) the medical staff credentialing process, provided the medical staff operates pursuant to written bylaws that have been approved by the governing body of the hospital;

(5) reports by a hospital to its insurance carriers;

(6) reviews or investigations to evaluate the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or practitioners who have been granted privileges by the hospital's governing body; or

(7) reports or statements, including, but not limited to, those reports or statements to the National Practitioner Data Bank and the South Carolina Board of Medical Examiners, that provide analysis or opinion (including external reviews) relating to the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or practitioners who have been granted privileges by the hospital's governing body.

Section 44-7-392. (A)(1) All proceedings of, and all data, documents, records, and information prepared or acquired by, a hospital licensed under this article, its parent, subsidiaries, health care system, committees, whether permanent or ad hoc, including the hospital's governing body, or physician practices owned by the hospital (its parent or subsidiaries), relating to the following are confidential:

(a) sentinel event investigations or root cause analyses, or both, as prescribed by The Joint Commission or any other organization under whose accreditation a hospital is deemed to meet the Centers for Medicare and Medicaid Services' conditions of participation;

(b) investigations into the competence or conduct of hospital employees, agents, members of the hospital's medical staff or practitioners who have been granted privileges by the hospital's governing body, relating to the quality of patient care, and any disciplinary proceedings or fair hearings related thereto;

(c) quality assurance reviews;

(d) the medical staff credentialing process;

(e) reports by a hospital to its insurance carriers;

(f) reviews or investigations to evaluate the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or practitioners who have been granted privileges by the hospital's governing body;

(g) reports or statements, including, but not limited to, those reports or statements to the National Practitioner Data Bank and the South Carolina Board of Medical Examiners, that provide analysis or opinion (including external reviews) relating to the quality of care provided by hospital employees, agents, members of the hospital's medical staff, or practitioners who have been granted privileges by the hospital's governing body; or

(h) incident or occurrence reports and related investigations, unless the report is part of the medical record.

(2) The proceedings and data, documents, records, and information described in this subsection (A) may be shared with a parent corporation, subsidiaries, other hospitals in the health care system, directors, officers, employees, and agents of the hospital and if shared, remain confidential. These proceedings and data, documents, records, and information in this subsection (A) are not subject to discovery, subpoena, or introduction into evidence in any civil action unless the hospital and any affected person who is a party to such action waives the confidentiality in writing. Notwithstanding the foregoing, however, in the event an affected person asserts a claim in any civil action against a hospital, its parent, affiliates, directors, officers, agents, employees, or member of any committee of a licensed hospital, relating to any proceeding identified in this subsection (A), the hospital may decide without consultation with the affected person whether to waive confidentiality in that civil action. Likewise, if a hospital asserts a claim in any civil action against an affected person relating to any proceeding identified in this subsection (A) in which the affected person was a party, the affected person may use information in the affected person's possession that is otherwise confidential under this section in that civil action.

(3) Data, documents, records, or information which are otherwise available from original sources are not confidential and are not immune from discovery from the original source under this section or use in a civil action merely because they were acquired by the hospital.

(4) This subsection does not make confidential the outcome of a practitioner's application for medical staff membership or clinical privileges, nor does it make confidential the list of clinical privileges requested by the practitioner or the list of clinical privileges that were approved. However, the practitioner's application for medical staff membership or clinical privileges, and all supporting documentation submitted or requested for the application are confidential. Nevertheless, the application itself may be obtained from the physician requesting privileges or the practice where the physician works as an employee or an independent contractor.

(5) If a practitioner is the subject of a disciplinary proceeding or fair hearing, this subsection does not, subject to the provisions of the medical staff bylaws, prohibit the practitioner from receiving data, documents, records, and information relating to this practitioner that is relevant to the proceeding or fair hearing, even if the data, documents, records, and information are otherwise confidential under this section. Such a disclosure to a practitioner in a disciplinary proceeding or fair hearing must not be considered a waiver of any privilege or confidentiality provided for in this subsection (A). The practitioner must not, however, without the written consent of the hospital, publish to any third party, other than legal counsel or a person retained for the purposes of representing the practitioner in a disciplinary proceeding or fair hearing, the data, documents, records, or information that were disclosed to him as part of the disciplinary proceeding or fair hearing.

(6) There is nothing in this section which makes any part of a patient's medical record confidential from the patient, including any redactions, corrections, supplements or amendments to the patient's record, whether electronic or written.

(B) The confidentiality provisions of subsection (A) do not prevent committees appointed by the Department of Health and Environmental Control from issuing reports containing solely nonidentifying data and information.

(C) Nothing in this section affects the duty of a hospital licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered a waiver of any privilege or confidentiality provided in subsection (A).

(D) Any data, documents, records or information that is reported to or reviewed by The Joint Commission or other accrediting bodies must not be considered a waiver of any privilege or confidentiality provided for in subsection (A).

(E) Any data, documents, records, or information of an action by a hospital to suspend, revoke, or otherwise limit the medical staff membership or clinical privileges of a practitioner that is submitted to the South Carolina Board of Medical Examiners pursuant to a report required by Section 44-7-70 or the National Practitioner Data Bank must not be considered a waiver of any privilege or confidentiality provided for in subsection (A).

(F) An affected person may file a civil action to assert a claim of confidentiality before a court of competent jurisdiction and file a motion to request the court to issue an order to enjoin a hospital from releasing data, documents, records, or information to the department, the South Carolina Board of Medical Examiners, the National Practitioner Data Bank, and The Joint Commission or other accrediting bodies that are not required by law or regulation to be released by a hospital. The data, documents, records, or information in controversy must be filed under seal with the court having jurisdiction over the pending action and are subject to judicial review. If court finds that a party acted unreasonably in unsuccessfully asserting the claim of confidentiality under this subsection, the court shall assess attorney's fees against that party.

(G) For purposes of this section, an 'affected person' means a person, other than a patient, who is a subject of a proceeding enumerated in subsection (A)(1).

Section 44-7-394. (A) If a hospital or affected person asserts a claim of confidentiality over documents pursuant to Section 44-7-392 and the party seeking the documents objects, then upon motion to the court having jurisdiction over the pending action, the court will determine if any of the documents are subject to discovery. The court may order production of the documents to the requesting party. If the court finds that a hospital or affected person acted unreasonably in unsuccessfully asserting the claim of confidentiality, the court may assess attorney's fees against that party for any fees incurred by the requesting party in obtaining the documents.

Further, a party to a medical or hospital malpractice case shall not offer trial testimony of a person who was a witness to the medical or hospital care that is the subject of the medical or hospital malpractice case if the trial testimony would be inconsistent with a prior written, electronic, video or audio statement of fact submitted by the person and that is confidential under Section 44-7-392 unless such prior inconsistent statement of fact is first produced to all parties in the medical or hospital malpractice case. Upon request by a party, a privilege log shall be provided by a hospital to all parties in the medical or hospital malpractice case identifying any prior written, electronic, video or audio statements of fact relating to the medical or hospital care that is the subject of the medical or hospital malpractice case that were given by a witness who is testifying at trial. Upon motion of any party, a prior statement of fact, whether written, electronic, video or audio, that is confidential under Section 44-7-392, may be reviewed by the court in camera to determine whether the prior statement of fact is inconsistent with the trial testimony offered in the medical or hospital malpractice case. If the court concludes that the prior statement of fact is inconsistent, the court may order that the prior written statement of fact be produced to the moving party.

(B) For purposes of this section an 'affected person' means a person, other than a patient, who is a subject of a proceeding enumerated in Section 44-7-392(A)(1).

(C) If the court orders a hospital or affected person to produce documents to a third party under this subsection, the hospital or affected person shall have the right to immediately appeal that order, and the filing of the appeal shall stay the enforcement of the order compelling the production."
SECTION 2. Section 40-71-10(B) of the 1976 Code is amended to read:

"(B) There is no monetary liability on the part of, and no cause of action for damages arising against, a member of an appointed committee which is formed to maintain professional standards of a state or local professional society as defined in this section or an appointed member of a committee of a medical staff of a licensed hospital, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital, or a committee appointed by the Department of Health and Environmental Control to review patient medical and health records in order to study the causes of death and disease for any act or proceeding undertaken or performed within the scope of the functions of the committee if the committee member acts without malice, has made a reasonable effort to obtain the facts relating to the matter under consideration, and acts in the belief that the action taken by him is warranted by the facts known to him."
SECTION 3. This act takes effect upon approval by the Governor and applies to any investigative action undertaken as provided herein where the underlying event giving rise to the investigation occurs on or after the effective date. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

POINT OF ORDER OVERRULED

Rep. VICK made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER overruled the Point of Order.

H. 4680 (Word version) -- Rep. Bannister: A BILL TO AMEND SECTION 17-25-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF A SENTENCE WHEN A DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE IN INVESTIGATING OR PROSECUTING ANOTHER PERSON, SO AS TO DELETE THE REQUIREMENT THAT THE ASSISTANCE BE PROVIDED AFTER SENTENCING AND CLARIFY THAT A DEFENDANT'S SENTENCE MAY BE REDUCED BELOW THE MINIMUM TERM OF IMPRISONMENT PROVIDED BY LAW UNDER CERTAIN CIRCUMSTANCES.

The Judiciary Committee proposed the following Amendment No. 1 to H. 4680 (COUNCIL\MS\7711AHB12), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 17-25-65 of the 1976 Code, as added by Act 273 of 2010, is amended to read:

"Section 17-25-65. (A) Upon the state's motion made within one year of sentencing, the court may reduce a sentence including, in its discretion, reducing a sentence below the minimum term of imprisonment provided by law if the defendant, after sentencing, provided:

(1) substantial assistance in investigating or prosecuting another person; or

(2) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(B) Upon the state's motion made more than one year after sentencing, the court, in its discretion, may reduce a sentence as provided in subsection (A) if the defendant's substantial assistance involved:

(1) information not known to the defendant until one year or more after sentencing;

(2) information provided by the defendant to the State within one year of sentencing, but which did not become useful to the State until more than one year after sentencing;

(3) information, the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing, and which was promptly provided to the State after its usefulness was reasonably apparent to the defendant; or

(4) aid to a Department of Corrections employee or volunteer who was in danger of being seriously injured or killed.

(C) A motion made pursuant to this provision shallmust be filed by thatthe Attorney General or the circuit solicitor in the county where the defendant's case arose. The State shall send a copy to the chief judge of the circuit within five days of filing. The chief judge or a circuit court judge currently assigned to that county shall havehas jurisdiction to hear and resolve the motion. Jurisdiction to resolve the motion is not limited to the original sentencing judge."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

Rep. MURPHY proposed the following Amendment No. 2 to H. 4680 (COUNCIL\SWB\5222CM12), which was adopted:
Amend the bill, as and if amended, Section 17-25-65, as contained in SECTION 1, page 4680-2 after line 18, by adding an appropriately lettered subsection to read:

/( ) The State shall provide notice of the filing of a motion and any other related proceedings pursuant to the provisions of this section to the victim of the original offense."/
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3130--DEBATE ADJOURNED

The following Bill was taken up:

H. 3130 (Word version) -- Reps. Brady, Stringer, Long, Butler Garrick and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-19-2470 SO AS TO CREATE THE OFFENSE OF SEXTING, TO PROVIDE FOR A CIVIL FINE AND THE CREATION OF AN EDUCATIONAL PROGRAM FOR A PERSON WHO COMMITS THE OFFENSE, TO PROVIDE FOR THE RESTRICTION OF A MINOR'S DRIVING PRIVILEGES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE CERTAIN SAFEGUARDS FOR MINORS WHO COMMIT THE OFFENSE, AND TO PROVIDE FOR THE USE OF THE UNIFORM TRAFFIC TICKET FOR THE OFFENSE AND FOR JURISDICTION OVER THE OFFENSE IN THE MUNICIPAL OR MAGISTRATES COURT.

The Judiciary Committee proposed the following Amendment No. 1 to H. 3130 (COUNCIL\MS\7712AHB12):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 23, Chapter 19, Title 63 of the 1976 Code is amended by adding:

"Section 63-19-2470. (A) It is unlawful for a child who is less than seventeen years of age to use a telecommunications device to knowingly transmit or distribute to another person a photograph or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or a state of sexually explicit nudity as defined by Section 16-15-375(5) or (6).

(B) A child less than seventeen years of age does not knowingly transmit or distribute the material by reporting the matter to a law enforcement agency, teacher, principal, or parent or by affording a law enforcement agency, teacher, principal, or parent access to the image.

(C) A child adjudicated delinquent for this offense may only be sentenced to a fine and this fine may not exceed one hundred dollars. The fine is subject to applicable court costs.

(D) A child who violates the provisions of this statute shall not be taken into custody, arrested, placed in jail or in any other secure facility, committed to the custody of the Department of Juvenile Justice, or found to be in contempt of court for a violation of this section or for failure to pay a fine.

(E) A child less than seventeen years of age who violates the provisions of this statute shall not be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410 unless, upon motion by the solicitor, the family court determines in its discretion to be in the interest of justice for the child to be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410.

(F) A child less than seventeen years of age who receives or possesses a photograph transmitted by a telecommunications device or text message with a photograph attachment depicting a person who is less than eighteen years of age in a state of sexual activity or a state of sexually explicit nudity as defined by Section 16-15-375(5) or (6) shall not be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410 unless, upon motion by the solicitor, the family court determines in its discretion to be in the interest of justice for the child to be prosecuted under Sections 16-15-305, 16-15-325, 16-15-345, 16-15-405, or 16-15-410."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.

Rep. WHITE moved to adjourn debate on the Bill until Wednesday, March 21, which was agreed to.

H. 4603--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4603 (Word version) -- Reps. Rutherford and McCoy: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, AND SECTION 17-22-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED FOR PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND PROGRAM ELIGIBILITY, RESPECTIVELY, BOTH SO AS TO ALLOW A PERSON TO PARTICIPATE IN A PROGRAM MORE THAN ONCE WITH THE SOLICITOR'S CONSENT.

The Judiciary Committee proposed the following Amendment No. 1 to H. 4603 (COUNCIL\MS\7710AHB12), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 17-22-50 of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:

"Section 17-22-50. (A) A person must not be considered for intervention if:

(1) he previously has been accepted into an intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once; or

(2) he has previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16; or

(3) the person is charged with:

(a) blackmail;

(b) driving under the influence or driving with an unlawful alcohol concentration;

(c) a traffic-related offense which is punishable only by fine or loss of points;

(d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;

(e) a crime of violence as defined in Section 16-1-60; or

(f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.

(B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 2. Section 17-22-60 of the 1976 Code is amended to read:

"Section 17-22-60. Intervention is appropriate only where:

(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(3) it is apparent that the offender poses no threat to the community;

(4) it appears that the offender is unlikely to be involved in further criminal activity;

(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(6) the offender has no significant history of prior delinquency or criminal activity;

(7) the offender has not previously been accepted in a pretrial intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once;

(8)the offender has not previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.
The amendment was then adopted.

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4726--DEBATE ADJOURNED

Rep. BANNISTER moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:

H. 4726 (Word version) -- Reps. Pitts, Parks and Pinson: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF PUBLIC SERVICE DISTRICTS AND SPECIAL PURPOSE DISTRICT COMMISSIONS, INCLUDING, AMONG OTHER THINGS, THE POWER TO ASSESS THE COST OF THE ESTABLISHMENT AND CONSTRUCTION OF A SEWER LATERAL COLLECTION LINE, SO AS TO PROVIDE THAT IF A RESIDENTIAL SUBDIVISION RECEIVED CONCEPTUAL APPROVAL FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR SEPTIC TANK USE AND SUBSEQUENTLY FIVE OR MORE LOTS IN THE SUBDIVISION WERE DENIED PERMITS BY THE DEPARTMENT, AN ASSESSMENT MAY BE LEVIED ON THE ABUTTING PARCELS IN THE SUBDIVISION FOR THE ACTUAL COSTS OF THE SEWER LATERAL COLLECTION LINES, TRANSMISSION LINES, AND ASSOCIATED INFRASTRUCTURE AND TO PROVIDE THAT A LETTER OR CERTIFICATE OF THE DEPARTMENT ESTABLISHES THESE CONDITIONS AUTHORIZING THE ASSESSMENT.

H. 4956--DEBATE ADJOURNED

Rep. PUTNAM moved to adjourn debate upon the following Joint Resolution until Wednesday, March 21, which was adopted:

H. 4956 (Word version) -- Reps. Putnam, Loftis, Thayer, G. R. Smith, Norman, Quinn, Parker, Long, Brannon, J. R. Smith, Erickson, Hiott, Patrick, Huggins, Southard, Nanney, Whitmire, Tribble, Allison, Atwater, Bannister, Barfield, Bingham, Bowen, Chumley, Clemmons, Corbin, Delleney, Forrester, Frye, Gambrell, Hamilton, Henderson, Herbkersman, Hixon, Lowe, Lucas, D. C. Moss, V. S. Moss, Murphy, Owens, Pinson, Pitts, Sandifer, Simrill, G. M. Smith, Spires, Stringer, Tallon, Taylor, Toole, White and Willis: A JOINT RESOLUTION TO REQUEST THE PRESIDENT OF THE UNITED STATES OF AMERICA, BARACK OBAMA, OPEN OUR ABUNDANT OIL AND NATURAL GAS RESOURCES THROUGHOUT OUR COUNTRY AND ISSUE AN EXECUTIVE ORDER TO THE DEPARTMENT OF INTERIOR TO LIFT THE 2010 BAN ON ALL OFFSHORE DRILLING EXPLORATION WITHIN THE OUTER CONTINENTAL SHELF LANDS, AND TO REQUEST THE PRESIDENT ALSO TO DIRECT THE DEPARTMENT OF ENERGY, ENVIRONMENTAL PROTECTION AGENCY, AND ANY BODY OF THE FEDERAL GOVERNMENT THAT REGULATES OR SIMILARLY IS CONCERNED WITH THE EXPLORATION OF OIL AND NATURAL GAS TO EXPEDITE ALL PERMITTING REQUIREMENTS FOR THE DEVELOPMENT OF THESE ENERGY RESOURCES.

H. 4894--OBJECTIONS AND REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4894 (Word version) -- Reps. White, Bedingfield, McCoy, Loftis, Bingham, Herbkersman, Parker, Bowen, Erickson, Taylor, G. M. Smith, Forrester, Frye, G. R. Smith, Merrill, Stringer, Lowe, Nanney, Tribble, Crawford, Ryan, Corbin, Southard, J. R. Smith, Allison, Barfield, Chumley, Clemmons, Cole, Crosby, Delleney, Edge, Hamilton, Hardwick, Harrell, Harrison, Hearn, Henderson, Hixon, Limehouse, Long, Lucas, D. C. Moss, Murphy, Norman, Owens, Pinson, Pitts, Putnam, Quinn, Simrill, Skelton, Sottile, Spires, Tallon, Thayer, Toole, Viers, Young, Atwater, Huggins and Patrick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1145 SO AS TO AUTHORIZE A DEDUCTION FROM STATE OF SOUTH CAROLINA TAXABLE INCOME UP TO SPECIFIED AMOUNTS FOR TUITION PAID BY A PARENT OR LEGAL GUARDIAN FOR THEIR CHILD OR WARD TO ATTEND AN INDEPENDENT SCHOOL OR A PUBLIC SCHOOL OUTSIDE THE CHILD'S OR WARD'S SCHOOL DISTRICT OF RESIDENCE, AND TO ALSO AUTHORIZE A SIMILAR INCOME TAX DEDUCTION UP TO A SPECIFIED AMOUNT TO A PARENT OR LEGAL GUARDIAN FOR HOME SCHOOL EXPENDITURES; AND BY ADDING SECTION 12-6-1146 SO AS TO AUTHORIZE A CREDIT AGAINST A TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY OR CERTAIN OTHER TAX LIABILITY FOR CONTRIBUTIONS MADE TO NONPROFIT SCHOLARSHIP FUNDING ORGANIZATIONS THAT PROVIDE GRANTS FOR CHILDREN WHO ARE ELIGIBLE FOR THE FEDERAL FREE OR REDUCED SCHOOL LUNCH PROGRAM, WHO ARE "EXCEPTIONAL NEEDS" CHILDREN, OR WHOSE FAMILIES MEET THE REQUIREMENTS FOR FEDERAL MEDICAID BENEFITS TO ATTEND INDEPENDENT SCHOOLS OF THEIR CHOICE, AND TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF THESE TAX CREDITS.

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:

H. 4269 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 37-3-202, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES ASSOCIATED WITH CONSUMER LOANS, SO AS TO INCLUDE A CHARGE FOR THE ACTUAL COST INCURRED BY A LICENSEE FOR PROCESSING AN AUTOMATED CLEARING HOUSE PAYMENT AND A CHARGE FOR THE ACTUAL COST INCURRED BY A LICENSEE FOR PAYMENTS MADE BY CONSUMERS VIA CREDIT OR DEBIT CARDS.

H. 4787--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:

H. 4787 (Word version) -- Reps. Brady and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 38 SO AS TO ENACT THE "PORTABLE ELECTRONICS INSURANCE ACT", TO PROVIDE CERTAIN DEFINITIONS RELATED TO PORTABLE ELECTRONICS INSURANCE, TO PROVIDE REQUIREMENTS RELATING TO THE SALE OF PORTABLE ELECTRONICS INSURANCE, TO PROVIDE CERTAIN DISCLOSURE REQUIREMENTS OF A VENDOR OF PORTABLE ELECTRONICS INSURANCE TO THE PROSPECTIVE CONSUMER OF THIS INSURANCE, TO PROVIDE PENALTIES FOR A VIOLATION, AND TO PROVIDE LICENSURE FEES AND SURCHARGES.

H. 4763--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:

H. 4763 (Word version) -- Reps. Sandifer, King, Butler Garrick and Parks: A BILL TO AMEND SECTION 32-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRENEED FUNERAL CONTRACT LICENSES, SO AS TO FURTHER PROVIDE FOR THE TERM OF THE LICENSE AND FOR THE USE OF LICENSE RENEWAL FEES; AND TO AMEND SECTION 32-7-100, AS AMENDED, RELATING TO UNLAWFUL VIOLATIONS OF LAW PERTAINING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER PROVIDE FOR THE PENALTIES FOR VIOLATIONS BASED ON THE AMOUNT OF MONEY OBTAINED OR SOUGHT TO BE OBTAINED WITH CERTAIN OFFENSES DECLARED TO BE MISDEMEANORS AND CERTAIN OFFENSES DECLARED TO BE FELONIES.

H. 4786--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill until Wednesday, March 21, which was adopted:

H. 4786 (Word version) -- Reps. Sandifer and D. C. Moss: A BILL TO AMEND SECTION 41-35-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF UNEMPLOYMENT BENEFITS BASED ON CERTAIN SERVICES IN SCHOOLS OR INSTITUTIONS OF HIGHER EDUCATION, SO AS TO EXTEND CERTAIN PROVISIONS OF THIS SECTION TO SERVICES PROVIDED BY AN INSTITUTION FOR AN EDUCATIONAL INSTITUTION WHILE EMPLOYED BY A PRIVATE EMPLOYER HOLDING A CONTRACTUAL RELATIONSHIP WITH THE EDUCATIONAL INSTITUTION.

H. 4967--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4967 (Word version) -- Ways and Means Committee: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS), SO AS TO PROVIDE FOR "CLASS THREE" MEMBERS OF SCRS WITH "CLASS THREE" MEMBERS MEANING AN EMPLOYEE MEMBER OF SCRS WITH AN EFFECTIVE DATE OF MEMBERSHIP AFTER JUNE 30, 2012; TO AMEND SECTIONS 9-1-10 FURTHER AND 9-1-1550, RELATING TO RETIREMENT BENEFITS UNDER THE SCRS, SO AS TO REVISE THE MANNER IN WHICH RETIREMENT BENEFITS FOR SCRS MEMBERS ARE COMPUTED AFTER JUNE 30, 2012, AND TO PROVIDE FOR AN ALTERNATE CALCULATION OF BENEFITS FOR SCRS MEMBERS AS OF JUNE 30, 2012, WHICH APPLIES IF THE MEMBER'S BENEFIT CALCULATED ON RETIREMENT AFTER JUNE 30, 2012, WOULD RESULT IN A LESSER AMOUNT; BY ADDING SECTION 9-1-1815 SO AS TO PROVIDE FOR THE MANNER IN WHICH RETIRED SCRS MEMBERS AND THEIR SURVIVING ANNUITANTS MAY RECEIVE INCREASED ALLOWANCES AND THE METHOD OF CALCULATING THAT INCREASE; AND TO REPEAL SECTION 9-1-1810 RELATING TO INCREASES IN SCRS RETIREMENT ALLOWANCES BASED ON THE CONSUMER PRICE INDEX; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO DEDUCTIONS FROM THE COMPENSATION OF MEMBERS OF SCRS TO FUND BENEFITS, THE TAX TREATMENT THEREOF, AND OTHER RELATED PROVISIONS, SO AS TO INCREASE ON JULY 1, 2012, THE REQUIRED DEDUCTIONS OF "CLASS ONE" SCRS MEMBERS TO SIX PERCENT OF EARNABLE COMPENSATION FROM FIVE AND ONE-HALF PERCENT AND THE REQUIRED DEDUCTIONS OF SCRS "CLASS TWO" AND "CLASS THREE" MEMBERS TO SEVEN PERCENT OF EARNABLE COMPENSATION FROM SIX AND ONE-HALF PERCENT AND TO INCREASE SUCH CONTRIBUTIONS BY AN ADDITIONAL ONE HALF OF ONE PERCENT EFFECTIVE JULY 1, 2013, AND MAKE CONFORMING CHANGES; TO AMEND SECTION 9-1-1080, RELATING TO EMPLOYER CONTRIBUTIONS FOR SCRS, SO AS TO PROVIDE FOR A MINIMUM EMPLOYER CONTRIBUTION RATE OF TEN AND SIX-TENTHS PERCENT OF EARNABLE COMPENSATION WHILE AN ACCRUED LIABILITY CONTRIBUTION IS REQUIRED; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO THE PURCHASE OF ADDITIONAL SERVICE CREDIT UNDER SCRS, SO AS TO PROVIDE THAT THE REQUIRED COST IS THE GREATER OF AN ACTUARIALLY NEUTRAL PAYMENT BASED ON THE SCRS MEMBER'S CURRENT AGE AND CREDITABLE SERVICE OR A SET PERCENTAGE OF SALARY AND TO ELIMINATE THE ADDITION OF UNUSED SICK LEAVE IN THE CALCULATION OF CREDITABLE SERVICE AFTER JUNE 30, 2012; TO AMEND SECTION 9-1-1510, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A SCRS RETIREMENT ALLOWANCE, SO AS TO PROVIDE THAT A SCRS "CLASS THREE" MEMBER MUST HAVE AT LEAST THIRTY YEARS OF CREDITABLE SERVICE TO BE ELIGIBLE TO RETIRE AT ANY AGE WITHOUT A BENEFIT REDUCTION; TO AMEND SECTION 9-1-1515, AS AMENDED, RELATING TO THE REQUIREMENTS FOR EARLY RETIREMENT IN SCRS, SO AS TO CONFORM THE REQUIREMENTS OF THAT SECTION AS IT APPLIES FOR SCRS "CLASS THREE" MEMBERS; TO AMEND SECTION 9-1-1660, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NOMINEE OF A DECEASED ACTIVE SCRS MEMBER TO RECEIVE A RETIREMENT ALLOWANCE, SO AS TO CONFORM THE REQUIREMENTS OF THAT SECTION AS IT APPLIES FOR SCRS "CLASS THREE" MEMBERS; TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM, SO AS TO CLOSE THE PROGRAM FOR SCRS "CLASS THREE" MEMBERS AND TO CONFORM THE CALCULATION OF RETIREMENT BENEFITS FOR TERI PARTICIPANTS; TO AMEND SECTION 9-9-60, AS AMENDED, RELATING TO RETIREMENT AND RETIREMENT ALLOWANCES FOR MEMBERS OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA (GARS), SO AS PROSPECTIVELY TO ELIMINATE PROVISIONS ALLOWING MEMBERS OF THE GENERAL ASSEMBLY WHO MEET CERTAIN AGE OR CREDITED SERVICE REQUIREMENTS OR WITH AGE AND CREDITED SERVICE REQUIREMENTS TO RECEIVE A GARS RETIREMENT BENEFIT WHILE CONTINUING TO SERVE IN THE GENERAL ASSEMBLY; TO AMEND SECTIONS 9-11-10 AND 9-11-60, BOTH AS AMENDED, RELATING TO DEFINITIONS AND ELIGIBILITY FOR RETIREMENT UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS), SO AS TO REVISE THE MANNER IN WHICH RETIREMENT BENEFITS FOR SCPORS MEMBERS RETIRING AFTER JUNE 30, 2012, ARE COMPUTED AND TO PROVIDE FOR AN ALTERNATE CALCULATION OF BENEFITS FOR SCPORS MEMBERS AS OF JUNE 30, 2012, WHICH APPLIES IF THE SCPORS MEMBER'S BENEFIT CALCULATED ON RETIREMENT AFTER JUNE 30, 2012, WOULD RESULT IN A LESSER AMOUNT; BY ADDING SECTION 9-11-312 SO AS TO PROVIDE FOR THE MANNER IN WHICH SCPORS RETIRED MEMBERS AND THEIR SURVIVING ANNUITANTS MAY RECEIVE INCREASED ALLOWANCES AND THE METHOD OF CALCULATING THAT INCREASE; AND TO REPEAL SECTION 9-11-310 RELATING TO COST OF LIVING ADJUSTMENTS UNDER SCPORS BASED ON THE CONSUMER PRICE INDEX; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO THE PURCHASE OF ADDITIONAL SERVICE CREDIT UNDER SCPORS, SO AS TO PROVIDE THAT THE REQUIRED COST MUST BE THE GREATER OF AN ACTUARIALLY NEUTRAL PAYMENT BASED ON THE MEMBERS CURRENT AGE AND CREDITABLE SERVICE OR A SET PERCENTAGE OF SALARY AND TO ELIMINATE THE ADDITION OF UNUSED SICK LEAVE IN THE CALCULATION OF CREDITABLE SERVICE AFTER JUNE 30, 2012; TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO DEDUCTIONS FROM THE COMPENSATION OF MEMBERS OF SCPORS TO FUND BENEFITS, THE TAX TREATMENT THEREOF, AND OTHER RELATED PROVISIONS, SO AS TO INCREASE ON JULY 1, 2012, THE REQUIRED DEDUCTIONS OF SCPORS "CLASS TWO" MEMBERS TO SEVEN PERCENT OF EARNABLE COMPENSATION FROM SIX AND ONE-HALF PERCENT AND TO INCREASE SUCH CONTRIBUTIONS BY AN ADDITIONAL ONE HALF OF ONE PERCENT EFFECTIVE JULY 1, 2013; TO AMEND SECTION 9-11-220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS FOR SCPORS, SO AS TO PROVIDE FOR A MINIMUM EMPLOYER CONTRIBUTION RATE OF TWELVE AND THREE TENTHS PERCENT OF EARNABLE COMPENSATION WHILE AN ACCRUED LIABILITY CONTRIBUTION IS REQUIRED; BY ADDING SECTION 9-16-335 SO AS TO PROVIDE THAT THE ASSUMED ANNUAL RATE OF RETURN ON THE INVESTMENTS OF THE RETIREMENT SYSTEM MUST BE ESTABLISHED BY THE GENERAL ASSEMBLY AND EFFECTIVE JULY 1, 2012, THE ASSUMED ANNUAL RATE OF RETURN ON RETIREMENT SYSTEM INVESTMENTS IS SEVEN AND ONE-HALF PERCENT; AND TO AMEND SECTIONS 9-1-1135, 9-8-185, 9-9-175, AND 9-11-265, RELATING TO INTEREST ON MEMBER'S CONTRIBUTIONS IN SCRS, GARS, THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND SCPORS, SO AS TO PROVIDE THAT INTEREST IS NOT PAID ON INACTIVE ACCOUNTS, AND TO DEFINE "INACTIVE ACCOUNT".

Rep. TAYLOR moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5036 (Word version) -- Reps. Harrell, Bannister, Hardwick, Harrison, Howard, Lucas, Ott, Owens, Sandifer and White: A HOUSE RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES AND THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REAUTHORIZING THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR AN ADDITIONAL FOUR YEARS BECAUSE FAILURE TO DO SO WOULD CREATE AN ADVERSE IMPACT ON THE FUTURE ECONOMIC GROWTH OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
Ordered for consideration tomorrow.

Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5037 (Word version) -- Reps. Harrell, Bannister, Hardwick, Harrison, Howard, Lucas, Ott, Owens, Sandifer and White: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES AND THE MEMBERS OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO SUPPORT LEGISLATION REAUTHORIZING THE EXPORT-IMPORT BANK OF THE UNITED STATES FOR AN ADDITIONAL FOUR YEARS BECAUSE FAILURE TO DO SO WOULD CREATE AN ADVERSE IMPACT ON THE FUTURE ECONOMIC GROWTH OF SOUTH CAROLINA AND THE UNITED STATES OF AMERICA.
Ordered for consideration tomorrow.

Rep. BRANHAM, from the Committee on Florence Delegation, submitted a favorable report on:

S. 1298 (Word version) -- Senator McGill: A BILL TO AMEND ACT 84 OF 2011, RELATING TO THE FLORENCE COUNTY SCHOOL DISTRICT NUMBER THREE BOARD OF TRUSTEES, SO AS TO MODIFY THE PROCEDURE FOR THE APPROVAL OF THE DISTRICT BUDGET AND PROVIDE FOR THE MANNER OF PUBLIC PARTICIPATION AND FINAL APPROVAL OF THE ANNUAL BUDGET FOR THE DISTRICT.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5040 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO AUTHORIZE THE ANNUAL YOUTH LEGISLATIVE CONFERENCE TO USE THE HOUSE CHAMBER, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF ITS ANNUAL MOCK SESSION.

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, authorize the Annual Youth Legislative Conference to use the House Chamber, at a date and time to be determined by the Speaker, for the purpose of its annual mock session. If the House of Representatives is in statewide session, the Chamber of the House may not be used.

Be it further resolved that the State House Security Forces provide such assistance and access as necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the House Chamber by the Youth Legislative Conference on this date.